A RESOLUTION
DIRECTING THE COUNTY ADMINISTRATOR TO SCHEDULE A PUBLIC HEARING ON A
PROPOSED ORDINANCE AMENDING SECTION 13.5-3 OF THE CODE OF FAUQUIER COUNTY
TO ADD SUBSECTION (D) PROHIBITING EXCESSIVE NOISE CAUSED BY ENGINE BRAKING
EXCEPT FOR RESPONDING TO BONA FIDE EMERGENCY OCCURRENCES

WHEREAS, the Board of Supervisors, by the adoption of this
resolution, states its intent to receive citizen comment on a proposed
ordinance amending Section 13.5-3 of the Code of Fauquier County to add
Subsection (d) prohibiting excessive noise caused by engine braking of
trucks which is injurious to the health, safety and welfare of the
citizens of Fauquier County; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 16th
day of September 2002, That the County Administrator be, and is hereby,
directed to schedule a public hearing on a proposed ordinance amending
Section 13.5-3 of the Code of Fauquier County to add Subsection (d)
prohibiting excessive noise caused by engine braking except for responding
to bona fide emergency occurrences.

ORDINANCE

AN ORDINANCE
AMENDING SECTION 13.5-3 OF THE CODE OF FAUQUIER COUNTY TO ADD SUBSECTION
(D) PROHIBITING EXCESSIVE NOISE CAUSED BY ENGINE BRAKING EXCEPT FOR
RESPONDING TO BONA FIDE EMERGENCY OCCURRENCES

WHEREAS, the Fauquier County Board of Supervisors has received
complaints regarding the use of engine braking on the roads within the
County; and

WHEREAS, after due notice and public hearing, the Board of
Supervisors has determined that the noise caused by engine braking is
injurious to the health, safety and welfare of the residents of Fauquier
County; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 21st day
of October, 2002, That Section 13.5-3 of the Code of Fauquier County be,
and is hereby, amended to add Subsection (d) to read as follows:

(d) Engine Braking. The creation of any
unreasonably loud, disturbing or unnecessary noise caused by the
application of engine brakes by any driver of a motor vehicle and is not
as of a result a bona fide emergency occurrence necessitating the
application of an engine brake.Any
violation of this subsection shall constitute a Class 1 misdemeanor.